As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:

(a) "Apprentice" means a person who is preparing to become a
licensed funeral director and embalmer and is learning the practice
of embalming, funeral directing or cremation under the direct
supervision and personal instruction of a duly licensed embalmer or
funeral director.

(b) "Authorized representative" means a person legally
authorized or entitled to order the cremation of the deceased, as
established by rule. An authorized representative may include in
the following order of precedence:

(1) The deceased, who has expressed his or her wishes
regarding the disposal of their remains through a last will and
testament, an advance directive or preneed funeral contract, as
defined in section two, article fourteen, chapter forty-five of
this code;

(2) The surviving spouse of the deceased, unless a petition to
dissolve the marriage was pending at the time of decedent's death;

(3) An individual previously designated by the deceased as the
person with the right to control disposition of the deceased's
remains in a writing signed and notarized by the deceased:
Provided, That no person may be designated to serve in such
capacity for more than one nonrelative at any one time;

(4) The deceased's next of kin;

(5) A court order;

(6) A public official who is charged with arranging the final
disposition of an indigent deceased; or

(7) A representative of an institution who is charged with
arranging the final disposition of a deceased who donated his or
her body to science.

(c) "Board" means the West Virginia Board of Funeral Service
Examiners.

(d) "Certificate" means a certification by the board to be a
crematory operator.

(e) "Courtesy card holder" means a person who only practices
funeral directing periodically in West Virginia and is a licensed
embalmer and funeral director in a state which borders West
Virginia.

(f) "Cremated remains" or "cremains" means all human remains,
including foreign matter cremated with the human, recovered after
the completion of cremation.

(g) "Cremation" means the mechanical or thermal process
whereby a dead human body is reduced to ashes and bone fragments
and then further reduced by additional pulverization, burning or
recremating when necessary.

(h) "Crematory" means a licensed place of business where a
deceased human body is reduced to ashes and bone fragments and
includes a crematory that stands alone or is part of or associated
with a funeral establishment.

(i) "Crematory operator" means a person certified by the board
to operate a crematory.

(j) "Crematory operator in charge" means a certified crematory operator who accepts responsibility for the operation of a
crematory.

(k) "Deceased" means a dead human being for which a death
certificate is required.

(l) "Embalmer" means a person licensed to practice embalming.

(m) "Embalming" means the practice of introducing chemical
substances, fluids or gases used for the purpose of preservation or
disinfection into the vascular system or hollow organs of a dead
human body by arterial or hypodermic injection for the restoration
of the physical appearance of a deceased.

(n) "Funeral" means a service, ceremony or rites performed for
the deceased with a body present.

(o) "Funeral directing" means the business of engaging in the
following:

(1) The shelter, custody or care of a deceased;

(2) The preparation of a deceased for burial or other
disposition;

(3) The arranging or supervising of a funeral or memorial
service for a deceased; and

(4) The maintenance of a funeral establishment for the
preparation, care or disposition of a deceased.

(q) "Funeral establishment" means a licensed place of business
devoted to: the care, preparation and arrangements for the
transporting, embalming, funeral, burial or other disposition of a
deceased. A funeral establishment can include a licensed crematory.

(r) "Funeral service licensee" means a person licensed after
July 1, 2003, to practice embalming and funeral directing.

(s) "License" means a license, which is not transferable or
assignable, to:

(1) Practice embalming and funeral directing;

(2) Operate a crematory or a funeral establishment.

(t) "Licensee" means a person holding a license issued under
the provisions of this article.

(u) "Licensee in charge" means a licensed embalmer and funeral
director who accepts responsibility for the operation of a funeral
establishment.

(v) "Memorial service" means a service, ceremony or rites
performed for the deceased without a body present.

(w) "Mortuary" means a licensed place of business devoted
solely to the shelter, care and embalming of the deceased.

(y) "Registration" means a registration issued by the board to
be an apprentice to learn the practice of embalming, funeral
directing or cremation.

(z) "State" means the State of West Virginia.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.